What is the legal test for an application to amend a pleading?
British Columbia, Canada
The following excerpt is from Coburn and Watson’s Metropolitan Home v. Bank of America Corporation, 2016 BCSC 2021 (CanLII):
The threshold on applications for leave to amend pleadings is a low one: Wiggins v. HMTQ, 2007 BCSC 1644 at para. 17. If the proposed pleading discloses a reasonable cause of action, application should be granted unless the proposed amendment discloses a new cause of action beyond the expiration of the limitation period (and not necessarily even then); the proposed amendment is clearly invalid at law; or prejudice will be caused to the other party: 287993 B.C. Ltd. et al v. Chartwell Projects, 2006 BCSC 1231 at para. 12.
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